Koochiching County Attorney Phillip Miller was present to discuss the board query to consider the nonpayment of court-appointed legal service claims that are the result of the State court’s Passed Down Cost.
In its July 2008 meeting, the board discussed the expenses of non-mandated services of the State court public defender system that were turned over to the county as court-appointed attorney expenses. The board considered nonpayment for a court decision.
Miller said that a possible consequence of nonpayment could impact the ability of County Social Services and the courts in appointing legal counsel to families undergoing termination of parental rights of children.
“The county is acting on a good faith basis and if it takes issue with what the state has done, then maybe there is a different way to do that,” said Miller.
It is basically keeping a good paper trail on orders for payment that will eventually need a court order for the county to fight it, said Commissioner Chuck Lepper. The actions at this meeting were redundant. The question now, he added, is whether to pay, or refuse to pay, all claims — or only those since the July motion to remain in defensible position.
A motion from Commissioner Wade Pavleck was passed that would have the county deny all payment claims until a court order, and then the board would decide what it would, or would not pay, at that time.
The action, members said, was taken with the intent not to hurt children, or to place a burden on attorneys, and the board was to act in a timely manner. A county employee stated that the board-requested court order regarding claims receipts was to be received by the court on Tuesday. The board now expects to have a response by next week’s meeting.
If the receipts are not paid, then it would return to court administrator’s office and wait for the order to come, a court employee stated.
Road projects
Koochiching County Highway Engineer Doug Grindall was present Tuesday to discuss timely options for a federal funding application for road projects. Grindall presented four planning scenarios without recommending a preference for any one project.
The first project would be to build a 10-ton industrial road from a northern route to the Foreign Trade Zone. He called this the most economic route from State Highway 11 from Ranier, which would run 2,850 feet and require right-of-way access and engineering costs.
Grindall said that to avoid the complex Federal channels, it would be better to use the county engineers rather than hire a consultant and to apply for the 80-percent federal funding.
Given the tight time-frame and budgeting issues, he said that realistically, the county has greater needs with upgrading equipment and preserving blacktop roads than projects like this.
The second project is to build a 1,200-foot bypass road around the CN crossing in Ranier, and/or install a relatively less expensive, improved electronic crossing signal that would alert emergency vehicles of trains before they turn into Ranier to take the alternate route. An advance warning system for Tilson Bay would be included.
The third project is to prioritize projects of the Highway 53-11 Gateway Task Force corridor initiative that would qualify for Federal funding. He proposed a scaled-down version of the eligible projects. Discussion led to a preference for creating a Highway 53 entrance that the businesses envisioned with buried or moved power lines, and streetscape based on the airport entrance as a model.
The fourth option of accepting the International Falls proposal of going with a city-planned industrial road to the FTZ site with a Federal transportation reauthorization request, was not considered as they had not discussed the letter.
The city claims that if approved, the county would then be requested to support the project with $420,000, versus its own County State Aid Highway 155 plan which would cost $1.2 million and receive only $300,000 in federal money.
Grindall would add, however, that there would be more costs associated with new road alignment and wetland impacts, rock cuts, and possibly moving residences. He said that these engineering surveys would be assessed to the county.
Pavleck said that the board would need to take a closer look at the project, and said he believes that giving up state aid road funding will incur ongoing cost for all residents.
“The statement that the county can save $480,000 is a fallacy, it is not true,” said Pavleck.
The board passed a Pavleck motion to accept highway recommendations with the preferential order of the Gateway Corridor Project, the Ranier bypass with lights, and a 10-ton road to the FTZ.
In other business, the board approved payment of highway claims, and revisions in the Adopt Family Medical Leave Act Policy as the result of amended Federal laws.
In other county business the board approved $6,400 for an emergency repair of the Forestland building’s air exchange system. In another action, the board approved the sale of county property to David and Christine Murphy for $85,000.
The appointing of names to the Island View Rainy Lake Basin Sewer Committee was moved to the next meeting.
There was discussion of an All Terrain Vehicle survey for which Grindall said would require eight county participants — by occupation, use, or non-use of an ATV. Commissioner Mike Hanson said that after reading the request, he questioned ownership of the study, and for what it would be used. He said that in the past, such participation has not been helpful to Koochiching County.
Jenell Feller of the International Falls Area Chamber of Commerce was also present for the discussion, adding that she is an ATV user and supports work for safe passage and routes. The board said it would refer questions to the county attorney about local ATV statutes, and would discuss them further at the next meeting.
